Oahu Transit Services Inc. v. Northfield Insurance Co.

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NO. 25242 IN THE SUPREME COURT OF THE STATE OF HAWAI#I OAHU TRANSIT SERVICES INC., Plaintiff-Appellant vs. NORTHFIELD INSURANCE COMPANY, Defendant-Appellee and ALOHA STATE CAB, INC., JOHN DOES 1-5, JOHN DOE CORPORATIONS 1-5, JOHN DOE PARTNERSHIPS 1-5, ROE NON-PROFIT CORPORATIONS 1-5 and ROE GOVERNMENTAL AGENCIES 1-5, Defendants ---------------------------------------------------------------NORTHFIELD INSURANCE COMPANY, Third-Party Plaintiff-Appellee and CITY AND COUNTY OF HONOLULU, Third-Party Defendant-Appellee APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 01-1-2923) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the record, it appears that we do not have jurisdiction. The July 31, 2002 judgment entered by the Honorable Virginia Lea Crandall does not satisfy the separate document requirement of Rule 58 of the Hawai#i Rules of Civil Procedure (HRCP). The July 31, 2002 judgment does not enter judgment in favor of and against the appropriate parties, does not resolve all claims against all parties, and does not contain the finding necessary for HRCP Rule 54(b) certification. See HRCP Rule 58; Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 119-20, 869 P.2d 1334, 1338-39 (1994). Accordingly, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, October 11, 2002. 2

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